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KEMPLER v. KEMPLER

198 Misc. 200 (1950)

Cynthia J. Kempler, Plaintiff, v. Edward Kempler, Defendant.

Supreme Court, Special Term, Queens County.

April 24, 1950.

Attorney(s) appearing for the Case

Harry Simon for plaintiff.

Demov, Callahan & Morris for defendant.

HALLINAN, J.

In this action for an annulment brought by plaintiff against her husband the complaint sets forth two causes of action, first, defendant's physical incapacity, second, fraud. Plaintiff moves to have certain issues as to the cause of action in fraud tried before a jury. Defendant opposes that motion and himself moves that the case be preferred for trial.

The basis of the fraud alleged is...

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